Referring to a Document not in a Bundle

[tea&coffee]

I am making an employment tribunal claim against a previous employer. I have received the final bundle from the respondent (hard copy) for my review. However, there is a document I wish to refer to in my statement (statements have not been exchanged yet) to the tribunal which I did not ask the respondent to include in the bundle. The document is the ACAS Guide: Disciplinary and Grievances at Work.

Must the document be included in the bundle in order for me to be allowed to refer to particular sections of it (in my statement) in support of my claim; or do I just notify the respondent and the tribunal I intend to refer to it in my statement?

Alternatively, because this document is freely available on ACAS’s website and I presume the respondent and tribunal would be familiar with it, it is not necessary to ask the respondent to attach this to the bundle or notify the respondent or tribunal. Instead, I can just simply refer to the document in my statement citing the page number?


Thanks

[ULA]

The document bundle created for the Hearing will be the only material that you can refer to. If you make reference to a document in your witness statement then this must form part of the bundle otherwise the Judge and Respondent will have not idea what you are referring to.

If the document has not been included in the bundle then you need to ask the Respondent to include it and update the bundle.

[tea&coffee]

The document bundle created for the Hearing will be the only material that you can refer to. If you make reference to a document in your witness statement then this must form part of the bundle otherwise the Judge and Respondent will have not idea what you are referring to.

If the document has not been included in the bundle then you need to ask the Respondent to include it and update the bundle.

If I just want to refer to one page or maybe two pages in the ACAS guide must the whole ACAS guide (80 pages) be included in the bundle, or do I just ask to include the relevant page(s)?

Thanks

[ULA]

Inform the respondent that you wish to make reference to the ACAS Code of Conduct and clearly set out which pages specifically.

Depending on how they are putting the bundle together then they may decide to a) include it all, b) just the pages you are referring to or c) in the main body of the bunlde have the specific pages and then if they are putting in a reference section at the end, place the whole guide here.

[tea&coffee]

In a list of issues is it necessary to ask: Did the Respondent or the Claimant unreasonably fail to comply with the ACAS Code of Practice on Disciplinary and Grievances Procedures and also be asked to specify the alleged breaches; or is sufficient just for this to be included: Did the ACAS Code of Practice apply?

Also isn’t the ACAS Code of Practice only for the Respondent to comply with; not the Claimant?

THANKS

[ULA]

Hi tea&coffee is this still in relation to your tribunal claim in which you also have this thread Referring to a Document not in a Bundle - LegalBeagles Forum? If so I will merge the two threads.

Please can we request for those of us providing advice that you keep all matters relating to your tribunal claim on the one thread even if they are about different aspects of the process. Thanks

[tea&coffee]

Hi tea&coffee is this still in relation to your tribunal claim in which you also have this thread Referring to a Document not in a Bundle - LegalBeagles Forum? If so I will merge the two threads.

Please can we request for those of us providing advice that you keep all matters relating to your tribunal claim on the one thread even if they are about different aspects of the process. Thanks

Hi ULA

Yes it is, sorry for the mistake

[ULA]

No worries, all merged

Are you completing the Case Management Agenda?

I presume your previous employer may not have had a disciplinary policy and if not you are arguing that they should have complied with the ACAS Code document?

If so the issue is to firstly question whether the company had a disciplinary policy? This establishs for the Tribunal whether they actually had one and then second question would be in the absence of a company disciplinary policy would the ACAS Code then become applicable?

The ACAS Code is set out as guidance for an employer for conducting a disciplinary process, however I would always advise that in the absence of a company policy that an employee effectively follows the Code from their perspective, for example, if they are not given the right to appeal they should appeal pointing out it is part of the ACAS Code.

[tea&coffee]

No worries, all merged

Are you completing the Case Management Agenda?

I presume your previous employer may not have had a disciplinary policy and if not you are arguing that they should have complied with the ACAS Code document?

If so the issue is to firstly question whether the company had a disciplinary policy? This establishs for the Tribunal whether they actually had one and then second question would be in the absence of a company disciplinary policy would the ACAS Code then become applicable?

The ACAS Code is set out as guidance for an employer for conducting a disciplinary process, however I would always advise that in the absence of a company policy that an employee effectively follows the Code from their perspective, for example, if they are not given the right to appeal they should appeal pointing out it is part of the ACAS Code.

Yes: the list of issues.

The previous employer does have a disciplinary policy; but it is not as comprehensive as the ACAS one

THANKS

[ULA]

It may not be as comprehensive but does it adhere to the basic principles of the ACAS Code, if so then potentially that could be deemed to be acceptable.

[tea&coffee]

It may not be as comprehensive but does it adhere to the basic principles of the ACAS Code, if so then potentially that could be deemed to be acceptable.

Where breaches of the ACAS Code are alleged, must they be identified in the list of issues? If not where?

THANKS

[ULA]

It would be best that you do identify them within the Case Management Agenda as they appear, from what you have said, to be part of the claim you are making against the respondent.